The plaintiffs cited that three days after the original lawsuit was filed, Roberts fired the university's financial comptroller (who had been employed by ORU for 26 years) and "witnesses have reported voluminous materials and documents were shredded and destroyed, constituting spoilation of evidence." The lawsuit argued that the Regents were a party to the suit due to negligence in failing to handle the issue as well as allowed a convicted child molester "mentor" students.

Also ORU recently admitted to the press that the IRS had warned ORU against the illegal nature of ORU's political activity. That political campaign is what the plaintiffs alleged caused the wrongful dismissal of Tim Brooker. While the university declined to offer the IRS' letters, a spokes-person confirmed the IRS sent two letters in 2006 about the political involvement.

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